Religious freedom and Section 116 of the Australian Constitution: would a banning of the hijab or burqa be constitutionally valid?

Gray, Anthony
(2011)
Religious freedom and Section 116 of the Australian Constitution: would a banning of the hijab or burqa be constitutionally valid?
Forum on Public Policy: a Journal of the Oxford Round Table, 2011 (2).
pp. 1-33.
ISSN 1938-9809

Abstract

This article considers the controversial issue of the banning of religious dress in some countries, in particular dress often associated with Islam such as the burqa or the hijab. It acknowledges the difference of opinion as to the symbolism involved in the wearing of such clothing, and whether or not it has religious links, or is more broadly the expression of an attitude towards women. It considers how such bans have been received in other jurisdictions, before considering whether a ban in Australia at either the federal or state level would be constitutionally judged, in light of the religious freedom for which s116 of the Commonwealth Constitution provides, and the provisions of the Racial Discrimination Act 1975 (Cth).

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